Both criminal Court and Court-martial have concurrent jurisdiction.

The petitioners, who are the accused in C.C.No.226 of 2006, on the file of the learned District Munsif cum Judicial Magistrate, Nanguneri, Tirunelveli District facing prosecution under Sections 323 and 325 r/w 34 I.P.C., have come forward with this petition under Sec. 482 Cr.P.C., seeking to quash the said criminal proceedings against them.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. Brief facts of the case are as follows:-

The first petitioner is working in Indian Navy and the second petitioner is his wife. During the year 2006, they were living in a flat at I.N.S.Kattabomman Vijayanarayanan in Tirunelveli District. The defacto complainant one Mr.G.S.Thanvar was then residing in the neighbouring house with his wife and he was also then working in Indian Navy as L.M Engineer. On 20.02.2006, there was a quarrel between the second petitioner herein and the wife of Mr.Thanvar by name Gopal Thanvar near their house. The defacto complainant who had just returned to his house found the quarrelling ladies and intervened in support of his wife. On 22.02.2006 at about 10.00 p.m when the defacto complainant Mr.Thanvar was returning to his house, his wife was standing in front of his house. When Mr.Thanvar was entering into his house, these petitioners 1 and 2 attacked the defacto complainant. The first petitioner attacked him with wooden log and the second petitioner attacked him on his head with hands. The defacto complainant sustained severe injuries and he raised alarm. The petitioners thereafter fled away from the place of occurrence. The injured was taken to Tirunelveli Medical College Hospital for treatment and thereafter, he was taken to Navy Hospital in Bangalore where he underwent treatment till 02.03.2006. While he was in the Navy Hospital, a statement was recorded from him by the Sub Inspector of Police, Ulsoor, Bangalore, within whose jurisdiction the Navy hospital is situated. On the said information, a case in Crime No.68 of 2006 was registered by the Sub Inspector of Police, Ulsoor, Bangalore under Sections 341, 324, r/w 34 I.P.C., dated 05.03.2006. Subsequently, the said case was transferred to the file of the respondent police herein for investigation as the alleged occurrence had taken place within the jurisdiction of the respondent police. On completing the investigation, the respondent has filed a final report before the learned District Munsif cum Judicial Magistrate, Nanguneri for alleged offences under Sections 323 and 324 r/w 34 I.P.C., on which the learned Magistrate has taken cognizance and has issued process to the petitioners for their appearance. It is the said criminal case which the petitioners seek to quash.

4. The contention of the petitioners in this petition is that the first petitioner is governed by the Indian Navy Act of 1957, as he is working in the Indian Navy and therefore, the ordinary criminal Court namely, the learned District Munsif cum Judicial Magistrate, Nanguneri, in this case, has no jurisdiction either to take cognizance of the offence or to try the first petitioner. In so far as the second petitioner is concerned, the contention is that the materials available on record do not make out any case against her so as to proceed further.

5. Since, an important question of law that the Criminal Court has no jurisdiction to try the offender, who shall be subject to the naval law is raised, it requires a great deal of discussion in respect of various provisions of the India Navy Act of 1957, the Indian Army Act of 1950 and the Indian Air Force Act, 1950 and also the relevant Rules.

6. Admittedly, in this case, the offences for which the petitioners have been charged were not committed while the first petitioner was discharging his official duty as a Navy person but, these offences were allegedly committed while he was at his home.

7. Now, the question is whether the jurisdiction of a criminal co