1. Heard Sri. Manish Tiwary, learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record.

2. The instant revision is directed against the order dated 17.7.2010 passed by ACJM, Court No. 1, Varanasi in final report No. 15 of 2010 under S.323, S.308, S.504, S.506 IPC, Police Station Rohania, District Varanasi whereby the final report submitted by the police was accepted and protest petition filed by revisionist - complainant was rejected.

3. The facts are that the revisionist - complainant Sunil Kumar Agarwal and the accused Ashok Kumar and Anil Kumar are real brothers. They live in the same house. On 22.1.2003, a FIR was lodged by the complainant at Police Station Rohania, District Varanasi stating therein that there was a dispute with the accused persons due to partition of the property in respect of which, FIR was earlier lodged on 19.12.2009 against the accused persons at P.S. Mughal Sarai, which was registered at crime No.544 of 2009 under S.341, S.352, S.504, S.506 IPC. On 31.12.2009, at about 7:00 p.m., the complainant and few of his friends and relatives had made a programme to celebrate the New Year Eve at 'Thikana Dhaba', Shahababad, P