(1) It depends on the facts of the case whether or not it is advisable to go to the high court against framing of charges by the Sessions Court. If there is no prima facie case against your brother, then you can try challenging the order of framing charges against him in the high court. Consult some local lawyer on the facts of the case by showing him all the papers.
(2) Again, it is not possible to say how much time would be taken by the high court for deciding such a challenge against framing of charges. It depends on the pendency level in the concerned high court and various other factors. It may take a few months to a few years, depending on the high court. You better ask some local lawyer in the high court concerned.
(3) Proceedings in the trial will halt only if a stay on proceedings is granted by the high court during the pendency of your petition challenging the framing of charges. In the absence of any such stay, the trial may continue.
(4) Answer to this question is the same as in point (1) above. General trend is that generally the discharge is not allowed. It is allowed only in exceptional cases where there is no prima facie case.
(5) Naturally, if the prosecution is not able to prove its case, the Sessions Court will acquit the accused. How can the court convict in the absence of a proof?
(6) With the permission of the court, fresh evidence can be submitted by prosecution during trial.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
