Currently my case (498 A , 3 and 4 of DP act, I am A3 , her husband is A1 my mother is A2) status is at charge sheet, the charge sheet is filed but we have not yet received any summons from the court so far. May be we will get them in another 2/3 weeks. Charges not yet framed.
As per my discussion with various SIFF members and various other communities if the charge sheet grounds are not strong and if we have strong evidence to prove our self as innocent and if charges not framed then we can go for discharge u/s 239 Crpc and u/s 245 Crpc. But when I told the same to our advocate he is telling that it is not possible and if any one tells it is possible then fill the petition and bring it to me and I will file the petition in the court. He is very strongly telling that it is not possible. I dont know whether I will discharge or not with evidence that I have but i just want to utilize if there is an option.
Can any one tell when is the right time (after charge sheet, before charge sheet..etc) and right place (lower court or sesions court) to file a petition for discharge u/s 239 Crpc and u/s 245 Crpc.
Is my advocate is not aware of the sections ?
Can some one share if there is a draft how to file a petition u/s 239 Crpc and u/s 245 Crpc ?