Arunabha Basu, J.

The application under section 482 of the Code of Criminal Procedure is directed to quash the proceeding consequent to the charge-sheet filed by police in connection with a case under section 135 of the Indian Electricity Act and section 379 of the Indian Penal Code in connection with Chapra PS Case No. 86 dated 12th April, 2005.

2. It is the case or the petitioner that he was enjoying electricity connection under No. IND/239 with Consumer No. 1300533. On 12th April, 2005 the officers of the Electricity Department conducted inspection in the wheat grinding facility of the petitioner and effected seizure of certain articles including the meter. Ultimately a complaint in the form of First Information Report was lodged at the Chapra Police Station on 12th April, 2004 being FIR No. 0086. Petitioner deposited certain amount towards provisional assessment.

3. It is the contention of the petitioner that provisional assessment is highly arbitrary. Petitioner was aggrieved by the act of the authority and ultimately he filed a Writ being W.P. No. 12227 (W) of 2005 before this Court and the same is stilt pending.

4. Petitioner moved before the learned Court below for stay