Discharge petition under sec 239 is pending in lower court. PP is not filing the counter yet for last 3 months. i have told my lawer if discharge petition is not considered, then i will move to the HC for quash, before framing charges. Now i am worried on few things:
1. How long the discharge petition could go on like this? what is the sequence in discharge petition? will they call half baked criminal wife for cross during discharge petition?
2. how does the judge evaluate key points in discharge petition versus FIR/Chargesheet & counter from PP? do they really evaluate or sake of process which leading to dismissal anyway?
3. During this entire discharge petion process - should all accused appear in the court at any stage of the case for cross or evidences?
4. Anyone reading the discharge petion would know that, it is definitely forgery case, as she has not lived with my parents, and separated from me 3 years back. the prime facie she has put is incidents happening last two years. i have evidences that she left home 3 years back. but, it is very sad to hear that this can be proven only during trial. is there any other option otherwise - like moving to high court or even supreme court - to demonstrate contradiction in statements and actuals?
5. what is the key consideration that i should look for requesting high court for speedy trial with in 6 months? like currently living 600kms away, parents are old age...what other grounds can be given?
Thank you all.