TEKCHAND & ANR. vs TEKCHAND, SUPDT. OF POLICE & ORS.

The Supreme Court addressed the vires of Section 321 of the Code of Criminal Procedure, 1973, in the context of two special leave petitions challenging the High Court's affirmation of a Chief Judicial Magistrate's order allowing withdrawal of prosecution. The Court held that the order of the Chief Judicial Magistrate was not appropriate in law, but declined to set it aside, reasoning that proceeding with the prosecution would serve no useful purpose and would only lead to harassment and wastage of public time. The Court noted the significant delay in filing the FIR and the lack of material evidence against the accused, ultimately dismissing the petitions.