Page No.# 1/3 GAHC010221192025 2025:GAU-AS:13512 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1230/2025 REZAUL HOQUE S/O- SHER ALI R/O - VILL- CHOWDHURIRCHAR PART- 2, P.S - FAKIRGANJ, P.O- ALOMGANJ DIST - DHUBRI, ASSAM , VERSUS RUPALI BEGUM D/O- UMAR ALI R/O - VILL- ALOMGANJ PT - IV, CHITOLKATI, P.O - ALOMGANJ P.S - GAURIPUR DIST - DHUBRI, ASSAM. PIN-783339 Advocate for the Petitioner : MR. A K AHMED, MR. Y. ALI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 26.09.2025 1. Heard Mr. A. K. Ahmed, the learned counsel for the petitioner. 2. This petition under Section 528 of the BNSS, 2023, has been filed by the petitioner, namely, Rezaul Hoque, impugning the final order Page No.# 2/3 dated 02.06.2025, passed by the Court of the learned Judicial Magistrate First Class, Dhubri in C.R.(DV) Case No. 260/2023, whereby the petitioner was directed to pay a maintenance allowance of Rs. 5, 000/- (Rupees Five Thousand only) to the respondent as well as protection order was also granted in favour of the respondent by the Trial Court. 3. On a specific query posed by the petitioner, as to when the statute provides for appeal against the said order under Section 29 of the Protection of Women from Domestic Violence Act, 2005, whether the application under Section 528 is maintainable. 4. The learned counsel for the petitioner submits that this application is maintainable. 5. It is a settled legal proposition that inherent powers of this Court under Section 528 may not be exercised, if there is an alternative recourse available to the petitioner. 6. In the instant case, the petitioner has approached this Court without availing the facility of filing the appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005, provided by the statute (Protection of Women from Domestic Violence Act, 2005). 7. This Court is of the considered opinion that where there is a statutory remedy available to the petitioner in the form of an appeal, it may not be proper to invoke in this Court’s inherent powers under 528 of the BNSS, 2023. 8. Therefore, this criminal petition is dismissed. Page No.# 3/3 JUDGE Comparing Assistant