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In view of above, it is most humbly prayed that instant application maykindly be accepted and the applicant may kindly be allowed to withdraw the abovetitled suit with the permission to file a fresh correctly & properly drafted suit, inthe interest of justice.
If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall file with the hearing clerk (or, if filed during the course of a hearing, with the judge) a written request for permission to withdraw.
Any petitioner may withdraw their petition by informing the Private Bill Office in writing that they wish to do so; and, where any such petition has been submitted by more than one person, any person named on the petition may withdraw from the petition by similarly informing the Private Bill Office.
For the withdrawal of the complaint, under Section 257, consent of the court is mandatory. Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused. The Court needs to pass an order of absolution, i.e. order of releasing the accused from the offences.
As such one can take back a civil case by simply moving an application for withdrawing the case as he does not wish to proceed with the same. His statement will be recorded by the court to this effect and an order shall be passed dismissing the case as withdrawn.