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Discharge petition 239 is pending > 5 months

Dear Sir/Madam/Members,
Discharge petition under sec 239 is pending in lower court. PP is not filing the counter - CMP Pending. It is more than 5 months, PP took another date for next month.
1. How long the discharge petition could go on like this?
2. Can this be used as key consideration that i should look for requesting high court for speedy trial with in 6 months? because discharge petition itself is handled for 6 months, god knows how long the trial will go.

Appreciate your help. Thanks.

 2 Replies

prabhakar advocate (advocate)     27 April 2016

Ask the High Court to give direction to the trial court to dispose the discharge petition expeditiously, as it has been filed six months back.


Finally, my laweyer asked me to pay Rs.xxxx to PP, so the counter could be filed at least now. I think the next stage would be arguments. would that also take longer time like this to 6 months? OR PP would do arguments quickly and move on to framing charges to start trial? thanks. 


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