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Affidavit presenting Process in front of magistrate


24-Sep-2025 (In Criminal Law)
Hi, what is the process to file an Affidavit in front of the magistrate? For clarification of police case withdrawal, I made mistake in both the complaint and the withdrawal letter, so I wrote an affidavit to clarify everything. I made a notarized document what's the next steps?
Answers (3)

Answer #1
828 votes
A notarized affidavit alone isn’t enough for court records. You must file it before the magistrate through the proper channel. Submit it via your lawyer along with a petition to accept the affidavit, explaining the corrections. The magistrate will record it in the case file after verification.
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Advocate Sujith Kuchipudi

Adv. Sujith Kuchipudi

LawRato Rajahmundry | 50+ Answers
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Answer #2
828 votes
You have taken the correct step by preparing a notarized affidavit. The next step is to submit it before the Magistrate Court where the case is pending or before the police station where the complaint was filed. If the case is already before a court, file an application supported by the affidavit explaining the mistake and seeking permission to withdraw/clarify the complaint under Section 257 CrPC (for complaint cases) or by way of a compounding petition (if the offence is compoundable). If it is still at the police investigation stage, submit the affidavit to the Investigating Officer and request him to file a closure report (Final Report) before the Magistrate, citing your statement. Engage a local advocate to file the petition correctly, so the affidavit becomes part of the official record.
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Advocate Mrudhula Jahnavi

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Answer #3
597 votes
usually lok Adalat settlements with both parties can be carried out, you can approach the prosecutor in the case and they can file an appropriate petition to withdraw from prosecution of the person. if theres settlement between you and the accused the accused persons lawyer shall direct you since it shall benefit his client
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Advocate Sandeep Kumar

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LawRatoSuryapet | 25+ Answers
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