IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24424 of 2010 Arun Sharma Versus State Of Bihar ----------- 2/ 13-09-2011 After some arguments, learned counsel for petitioner seeks withdrawal of this case on account of the fact the instant petition has been filed against an order of cognizance while after committal of the case, charge had already been framed and presently the trial is lingering for prosecution. Since before, there has been disclosure on the part of the petitioner that none had kidnapped the victim boy, namely, Abhimanyu Kumar aged about 12 years rather he himself ran away from his house on account of various reasons known to him and though he was in contact through Sim no. 9835275223 and in spite of having positive direction by this Court vide order dated 10.08.2007 passed in Cr.Misc. No.30552/2007 directing the I.O./S.P. to print-out the call details, the subsequent order dated 05.09.2007 divulged non compliance thereof. 2 Contention is, had the aforesaid print-out been available before the Court, it would have shown innocence of the petitioner. The petitioner will be at liberty to raise this plea at the proper stage more particularly in accordance with Section 233 of the Cr.P.C. Accordingly, the matter is disposed of as withdrawn. perwez (Aditya Kumar Trivedi,J.)