ORDER :

Heard the learned counsel for the parties in extenso.

2. It is clear to us that the judgment of the High Court is in conformity with the judgment of the Constitution Bench of this Court in Som Dutt Datta vs. Union of India and Others reported in AIR (1969) SC 414. The Constitution Bench while construing Rule 3 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules 1978 read with section 549 of the Criminal Procedure Code (now Section 475 of the Criminal Procedure Code) held that the option as to whether the accused be tried before the Criminal Court or by a Court Martial could be exercised only after the Police had completed the investigation and submitted the charge- sheet and that the provisions of the Rule could not be invoked in a case where the police had merely started an investigation against a personnel subject to Military, Naval or Air Force law. The facts of the present case indicate that three Naval Officers were arrested on 10th January, 2008 for offences punishable under Sections 143, 147, 148, 452, 307, 326, 427 read with Section 149 of the Indian Penal Code and some other penal laws. They were produced before the Magistrate on the 11th Janu