Page No. 1/2 GAHC010174352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./982/2025 MD. ABDUL MOTALEB S/O LATE MOMRUJ ALI R/O VILL- UTTAR ASHINAGAR P.O. NILBAGAN, P.S. DOBOKA DIST. HOJAI, ASSAM PIN-782445. MOB. 8089689572 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. H A TALUKDAR, MS. P S LASKAR,MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21.08.2025 Heard Mr. L.R. Mazumder, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent, State of Assam. 2. The instant criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred to assail an Order dated 29.07.2025 passed by the Court of learned Additional District and Sessions Judge, Hojai in Criminal Crl. Misc. [B] Case no. 10 of 2022. The Order dated 29.07.2025 is passed under Section 446[1] of the Code of Criminal Page No. 2/2 Procedure, 1973 with an observation that if the petitioner fails to pay the penalty by the next date, suitable action under Section 446[2], CrPC will be initiated against him for recovery of penalty. 3. As all orders passed under Section 446, CrPC are appealable under Section 449, CrPC, the instant criminal petition preferred under Section 528, BNSS which is pari materia to Section 482, CrPC is not entertained. Liberty stands reserved to the petitioner to prefer an appeal as per the provisions of Section 449, CrPC, which is pari materia to Section 495, BNSS. JUDGE Comparing Assistant