( 1 ) THE present case arises out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure.

( 2 ) IT is directed against the order dated 30. 12. 2004 passed by the learned Metropolitan Magistrate, (8th Court), Calcutta in Case No. C/217/99 under Section 406 of the Indian Penal Code.

( 3 ) THE backdrop of the present case may briefly be stated as follows : opposite Party No. 1, Asish Kumar Mallick, as complainant in Case No. C/217/99, filed an application dated 15. 9. 2004 before the learned trial Court wherein he stated that the name of Sri Chandan Guha, Sub-Inspector of Police, was cited as a witness in the list of witnesses. The learned trial Court, however, passed an order in the said complaint case whereby Sri Guha was placed as an accused in the case. Complainant, however, sought to rely upon the evidence of Sri Guha, whom he wanted to be a witness. Prayer was, accordingly, made for enabling the complainant to make Sri Guha a witness on his behalf.

( 4 ) IN response to the said application the learned trial Court by the impugned order dated 30. 12. 2004 allowed the application and fixed up a date for examination o