S.K.Jha Commodre vs State Of Kerala & Anr

The Supreme Court upheld the High Court's dismissal of a revision petition regarding the trial of three Naval Officers, affirming that the option to choose between a Criminal Court and a Court Martial under Rule 3 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978, can only be exercised after the police investigation is complete and a charge-sheet is submitted, as established in Som Dutt Datta vs. Union of India (AIR 1969 SC 414). The Court reiterated that the request for trial under the Navy Act was premature given the ongoing investigation, thus dismissing the appeal.