C. R. KUMARASWAMY, J.

( 1 ) THIS is an application filed Under Section 482 Crpc praying for this Court to permit the petitioner to amend the petition as follows:

i) Add para as 15 (A): Subsequent to the grant of interim order dated 10. 8. 2001 by this Hon'ble court staying all further proceedings before the Trial Court, the police have framed the charge sheet which has been taken on record by the learned Magistrate, The same is wholly illegal and contrary to the interim order passed by this Hon'ble Court. Further charge sheet also does not disclose any offence.

ii) Add in prayer column after the word 'and', add the following: quash the charge sheet filed in the said case and

( 2 ) IT is contended in the petition that this Court by order dated 10. 08. 2001 was pleased to stay further proceedings in Crime No. 300/2001 on the file of the VI Addl. Chief Metropolitan magistrate. The said order was communicated to the Trial Court. Inspite of that police have now filed a charge sheet before the Trial Court, which has been received by the Trial Court. The same is wholly illegal. Under these circumstances, the petitioner is constrained to seek amendment of the petition. If this petition is not allowed prejudice and hardship will be caused to the petitioner.

( 3 ) THE learned Counsel for respondent have filed the following objections;

The application filed by the petitioner is not maintainable in law. The respondents police have already charge sheeted the petitioner for having committed the offences and the case is pending before the Hon'ble VI Additional Chief Metropolitan Magistrate, Bangalore in C. C. No. 11094/2002. There is no progress on the said case on account of the stay granted on 10. 8. 2001. The petitioner cannot file an application for amending the petition and the provisions Under section 482 of Cr. P. C. cannot be used to amend the petition. The code does not empower to amend the petition, because filing of charge sheet does not become illegal, as there was no order of the Court to stay the investigation. Hence, the learned Counsel for the respondent prays this court to dismiss this application.

( 4 ) HEARD the learned Counsel for the petitioner as well as the respondent. The short question that arises for my consideration is that; whether the petitioner is entitled to amend the petition?

( 5 ) THE contention of the petitioner is that this Court passed an order of stay of the proceedings in crime No. 300/01 on the file of the VIAddl. Chief Metropolitan Magistrate, Bangalore. The said order was communicated to the Trial Court immediately. Despite the same police have filed charge sheet before the Trial Court and the same has been received by the Trial Court. This is illegal. Hence, under these circumstances, the petitioner wants to amend the petition.

( 6 ) THE contention of the learned Counsel for the respondent is that the application is not maintainable in law and since the investigation was not stayed, the charge sheet was filed which is not illegal. At this stage I do not express any opinion about the investigating agency laying the charge sheet before the Trial Court because that is not main point urged in this LA. The point that has been urged in this Interlocutory application is permission to amend the petition. It is undisputed fact that criminal petition was filed when crime was registered. Subsequently, the investigating agency completed the investigation and filed the charge sheet. After the charge sheet was filed, the petitioner has moved a petition to amend the prayer of the petition. The learned Counsel for petitioner submitted that the power Under Section 482 Cr. P. C could be exercised when there was no provision to meet a particular situation as, in the instant case to amend the petition. In suport of his contention the learned Counsel for the petitioner relied on the decision in the case of Income Tax Officer v. Balaji Chit Funds and Ors. [1988 ]170 ITR12 (Mad ) The Hon'ble Madras High Court in para 4

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