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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 Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused.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.
Once the affidavit is witnessed and attested to by a notary public or other official, it holds the force of law and binds the individual to the truthfulness of the information that they have provided.
While an Affidavit of Evidence cannot be withdrawn, the admissions made in it would be used against you. While drafting the Affidavit of Evidence, one is directed to Order XVIII of the CPC and Order XIX of the CPC. The CPC tells us that an Affidavit ought to, be confined to the personal knowledge of the witness.
The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.
The petitioner cannot be permitted to withdraw his affidavit filed before the Court.