JUDGMENT :

1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:

“It is, therefore, prayed that this misc. petition of the petitioner may kindly be allowed and the above-mentioned impugned order dated 17.10.2022 passed by Learned Additional Chief Judicial Magistrate Cum Metropolitan Magistrate No.1, Jodhpur, in Criminal Misc. Case No. 28/2022 may kindly be quashed and set-aside and accordingly application filed by the petitioner may kindly allowed.

Any other relief, which this Hon’ble Court may deem just and proper in the facts and the circumstance of the case may kindly be passed in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by the learned counsel for the petitioner are that on 02.09.2022, the petitioner received a phone call from his neighbour, Sh.Umaid Singh, that few people obstructed a public road unlawfully i.e. without the requisite permissions, shifted an electricity wireline on towards the petitioner’s home; upon receipt of such information, the petitioner rushed back to his home, and found that Mohammed Salim Chhipa, Mohammed Usman Chhipa, Mohammed Azharruddeen, and Ahmed Shah, alo