Overtaking Without Due Care Violates Road Regulations, Constitutes Negligence: Himachal Pradesh High Court
The Himachal Pradesh High Court set aside the acquittal of an accused in a road accident case, holding that the Trial Court had ignored material evidence and failed to apply the Rules of the Road Regulations, 1989.
The Court remarked that the accused's act of overtaking another vehicle in unsafe conditions and moving onto the wrong side of the road was the direct cause of the accident and failed to exercise the caution required while overtaking and endangered oncoming traffic.
Justice Rakesh Kainthla remarked that: “The Trial Court ignored the evidence on record and failed to notice the Rules of Road Regulation. The accused overtook the car and hit the motorcycle coming from the opposite side; therefore, he had breached Rule 6 of the Rules of the Road Regulations, which was the proximate cause of the accident”.
Background:
The case arose from a road accident near Dairy Farm, Palampur, where a motorcycle which was being ridden, by two persons collided with a car allegedly driven by the accused.
The prosecution submitted that the car overtook another vehicle and moved onto the wrong side of the road, hitting the motorcycle and causing injuries to the riders.
A case was registered by the police under Sections 279, 337 and 338 of the Indian Penal Code, alleging rash and negligent driving causing hurt.
However, Additional Chief Judicial Magistrate, Palampur, acquitted the accused on the ground that the prosecution evidence was unreliable and there were contradictions among witnesses.
Aggrieved, the state challenged the acquittal before the High Court.
Case Name: State of H.P. v/s Dhruv Dev
Case No.: Cr.Appeal No.40 of 2015
Date of Decision: 24.02.2026
For the petitioner: Mr. Jitender Sharma, Additional Advocate General.
For the Respondent: Mr. Lakshay Thakur, Advocate.