( 1 ) THIS petition by the accused is directed against the order dated 26-5-1981 passed by the Judicial Magistrate I Class (II Court), Hubli in C. C. No. 869 of 1981 directing to frame a charge against him for an offence punishable under Ss. 379 i. P. C.

( 2 ) ON the basis of a complaint a charge sheet was placed by the Sub-Inspector of police (Crime) Sub-Urban Police Station hubh, against the accused for offences under Ss. 379 and 411 I. P. C. The accused was furnished with copies of the documents of prosecution as required under law. The prosecution as also the learned counsel for the accused were heard before framing of the charge. Thereafter the learned Magistrate passed the impugned order, rejecting the prayer of the accused that he may be discharged as the matter involved in the case is one of civil nature, and directed a charge to be framed against the accused for an offence punishable under S. 379 I. P. C. It is the legality and correctness of the said order that is being assailed in this petition.

( 3 ) SRI G. S. Bhat, learned counsel appe" aring for the petitioner-accused, contended that the impugned order cannot be sustained in law inasmuch as the magistrat