IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28969 of 2007 RADHESHYAM CHOUDHARY Versus THE STATE OF BIHAR ----------- 3. 11.11.2008 Heard Sri Bhola Prasad, Advocate for the petitioner and the learned A.P.P. for the State. The case was initially registered under Section 304B IPC but on close of investigation the police came to the conclusion and rightly, that this case could be one under Section 302 IPC. The postmortem examination report could be the basis for expressing the above opinion. The lady appears throttled to death as also assaulted on her head so as to be killed. The contention is that the petitioner is in custody for last two years without trial. The further contention in the above connection is that in spite of the case being committed to the Court of Sessions, the trial has not taken off. This court wants to remind every Judge generally and the learned trial Judge who is seized with the present case, i.e., Korha P.S.Case No.76 of 2006 specially that speedy trial is recognized as a fundamental right of an accused presumption of innocence is a human right. If the trial Judge is sitting tight over - 2 - a case without proceeding with the trial then he could be said to be violating the fundamental rights of an accused as also encroaching upon the human rights of a person. I believe that the trial court is sensitive enough to appreciate the meaning of the above observations and pulls up all the strings attached to his fingers so as to expediting the hearing. The learned Judge may consult Section 170(2)Cr.P.C and Shailendra Kumar Vrs. State of Bihar AIR 2002 SC 270 and act accordingly. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )