1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.2503 of 2009 Mr.Milan Vasant Mhatre Petitioner Vs. Mr.Gilbert John Mendoca & ors. Respondents Mr.S.K.Shinde with Mr.Sagar Kasar for petitioner. Mr.Ganesh Sovani for resp.no.1. Mr.D.N.Salvi and Mr.Mandar Goswami for resp.no.2. Mrs.M.M.Deshmukh, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. June 17, 2010. P.C. 1. We have heard Mr.Shinde, the learned counsel for the petitioner. The petition has been amended from time to time. We have also perused the affidavit-in-reply filed by Shri Amarsinh Nimbalkar, Senior Police Inspector, Bhayandar police station and the reply filed by respondent no.1 2 as well. So far as the challenge to the order dated 17/12/2009 passed by the Passport Officer, Thane is concerned, it is evident that Section 12 of the Passports Act, 1967 provides for offences and penalties and the punishment has to be awarded by the competent Court. The Passport Officer has relied upon the instructions issued by the Government of India through the Ministry of External Affairs dated 13/3/2008 and has imposed a penalty of Rs.2000/- against the respondent no.1. We do no see any error in the same. 2 However, if it is the contention of the petitioner that the respondent no.1 has committed offences as set out in Section 12(1)(b) or Section 12(1- A)(a) of the Passports Act, 1967, the petitioner is at liberty to approach the Court of Judicial Magistrate with a private complaint against respondent no.1. 3. Hence we dispose off this petition with liberty to the petitioner to approach the competent Court of Judicial Magistrate, First Class. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.)