Regarding appeal against judgement on discharge petition 239

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)

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,

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