JUDGMENT AND ORDER :

MITALI THAKURIA, J.

Heard Mr. A. K. Sharma, learned counsel for the petitioner. Also heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. M. Sarma, learned counsel for the respondent No. 1 and Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent No. 2.

2. This is an application under Section 438 read with Section 442 of BNSS, 2023 challenging the legality and validity of impugned order dated 23.08.2024, passed by the learned Additional District Magistrate, Tinsukia in Case No. 49/2022, whereby the case was dismissed which was filed by the present petitioner.

3. The case of the petitioner, in brief, is that he preferred a petition under Section 133 Cr.P.C. on 18.02.2022 before the learned Sub-Divisional Magistrate, Margherita stating inter alia that he has been possessing a plot of land measuring 1 Katha 10 Lecha by the side of a pucca Bye Lane, which is a public road, and he has been possessing the said plot of land since 10.01.2021. But, 2 (two) months prior to lodging of the said proceeding under Section 133 Cr.P.C., the respondent herein forcibly erected a bamboo gate at the entrance/entry point of the said public Bye Lane f