Shani sharma 08 July 2017

Regarding appeal against judgement on discharge petition 239

Hello Friends,

I have 498a and 3/4 DP act on me n my Bro and parents....i.e total 4 people.

we have given discharge petition u/s 239 in lower court for 3 out of 4 accused on which judge is going to give judgment tomorrow.

Now i know he is going to reject the discharge petition, if it gets rejected then i would like to appeal challenge it in higher court as I feel we have very strong grounds for discharge or quash.......I have come to know the appeal or revision can be filed only in one of the two court that is either district court or highcourt ...not in both court.....

So now I have following query :-

1) Should i go for appeal against the judgement in District court or should i go for appeal in highcourt directly

2) What is the likelyhood that the District court or highcourt will put stay on the proceddings in the lower court

3) Considering i get date after every 1 month then how long the appeal/ revision hearing takes in District court on an average

4) Considering i get date after every 1 month then how long the appeal/ revision hearing takes in Highcourt on an average

5) Suppose I go for appeal in District court first and if the District court rejects it..........then can I still go for Quashing in Highcourt?

6) If i go for Quashing in Highcourt after getting my appeal dismissed in the district court then what is the likelyhood the Highcourt will entertain my Quash petition and put stay on the proceedings in the lower court.

Bhai log please share your expert opinion.

Thanks

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3 Replies

498aVictim (sdfasf) 13 July 2017

i guess it should be high court. by the time now, you should have experienced that none could tell about timeline - anywhere in any court in any situation.

(am not a lawyer)

P. Venu (Advocate) 14 July 2017

Wait till the decision by the Lower Court. If the discharge petition is rejected, you can approach the High Court through a revision petition, not in an appeal,

Shani sharma 15 July 2017

Hello Sir, Thanks for the reply.

Today i got the certified copy of the rejection of the Discharge petition.

Order of lower court reflects the Discharge petition is rejected because chargesheet filed by IO after investigation reflects the charges are true. It also reflects there are material evidences in the chargesheet against the accused.

Little Background about my case:

15 days before marriage father of my wife paid Rs. 10 lakh in my father's bank account through cheque. In FIR my wife mentioned it as her father gave this amount as GIFT.

Got married on jan 2015 in Bihar. My wife lived with me for 45 days and went back to her maike (her parent's home). After it she didnt communicated with us for 1.5 years and finally filed false FIR in June 2016 against me , my Brother n my parents. One day after she did FIR I brought her back to my home thgen we all got Anticipatory bail .we lived together for 4 month then finally she went back permamnently on Jan 2017 to her parents home.

while she was living with me her family managed the police n filed the false chargesheet against us which is like the copy of FIR and reflects the charges appears to be true. the only witness in chargesheet are her mother n her father.

After police filed chargesheet , we filed for discharge for 3 out of 4 accused (excluding me) for discharge u/s 239 on following grounds :

(1) No material evidence of dowry demand or payment

(2) No independent witness

(3) contradictions

(4) refered Supreme court n HC judgements.

Please Advise:

- Now I am going to file appeal against this order in Session court. please advise whether this will be a right move.

- Should i file for appeal or revision?

- If i file appeal in session court then what are the chances that the session court will put stay in the proceedings of the lower court

- If session court also rejects the appeal then can i again appeal in highcourt?

Best Regards