house was damaged and P.W.1 sustained injury on his nose. All the accused belongs to SC/ST community. Due to the very same incident, they lodged a complaint, in which P.W.3 and his co-brother were accused. However, both got acquitted. In the counter complaint, the respondent registered FIR as against the appellants in Crime No.10 of 2008 for the offences under Sections 147, 148, 294(b), 336, 307 of IPC r/w Section 3(1) of TNPPDL Act. The respondent found both the parties as aggressor and filed a final report. P.W.3 and his cobrother were charged under SC/ST Act and tried by the Special Court for SC/ST Act, Thanjavur. The respondent filed a final report and the same has been taken cognizance by the Principal District and Sessions Judge, Thiruvarur, since the appellants were charged under the TNPPDL Act. When the counter complaint is registered, the respondent ought to have followed the procedure laid down under the Police Standing order 588A. If the respondent found that both the parties are aggressor, the in both the cases, the charge sheet should have been filed and the Trial ought to have been proceeded with by the Trial Court simultaneously. In the case on hand, admittedly, the other complaint was tried by the Special Court for SC/ST Act, Thanjavur and the present case is tried by Principal District and Sessions Judge, Thiruvarur. The first case ended in acquittal and the present case ended in conviction for the offence under
