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The Supreme Court today passed an interim order staying coercive action by the Uttar Pradesh Police against journalist Abhishek Upadhyay, who was among the first to report on Ram Mandir donation theft row, in the FIR registered against him over an alleged road-rage incident. Notably, the Court also ordered that the interim protection will extend to any future FIR which the UP Police may register against him.

The Court further directed the police to supply the copy of the registered FIR to him. The Court indicated that after the FIR copy is given to him, he can approach the Allahabad High Court for seeking suitable reliefs. The Ghaziabad Police Commissioner has been asked to file a compliance report regarding the supply of the FIR by the next date of hearing (September 7).

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with a writ petition filed by Abhishek Upadhyay challenging the FIR.

Senior Advocate Pradeep Rai, appearing for the petitioner, submitted that the "unpardonable sin" committed by the petitioner was that he exposed the Ayodhya donation scam. Rai added that the petitioner has exposed other scams as well.  He submitted that the investigation must be entrusted to an independent agency to ensure an impartial probe. He contended that the full copy of the FIR has not been supplied to the petitioner.

Rai claimed that the allegations in the FIR were totally baseless, and the CCTV footage from the location at the relevant time would establish that. He sought that the CCTV records also must be preserved.

"We appreciate your imminent apprehension because of repeated FIRs, we don't know about the truth but we understand your apprehension. You approach the High Court, and if you can make out a case for quashing, fine. Meanwhile we can give you interim protection," CJI Surya Kant said.

After the brief hearing, the bench dictated the following order :

"Issue notice. Returnable on September 7. Meanwhile, no coercive action shall be taken against the petitioner in the FIR already registered or in such FIR that may be registered against him. Similarly, let a copy of the FIR No. .... registered at Indirapuram, Ghaziabad, be supplied to the petitioner to enable him to avail remedy...As soon as copies of FIR received, petitioner is at liberty to approach the Allahabad HC. The Commissioner of Police, Ghaziabad, shall file a compliance report."

Yesterday,while mentioning the matter for urgent listing, Upadhyay's counsel submitted, "This relates to the journalist who broke the news about Ram Mandir donation theft ...multiple FIRs have been filed against him. Now there's an FIR under stringent provisions of SC/ST Act also...Police party has raided his house".

In the petition, Upadhyay has alleged that the FIR is based on false and concocted allegations and is an attempt to harass him for his independent investigative journalism. He has sought the quashing of the FIR and protection from arrest and other coercive action.

The FIR was registered at Indirapuram police station on August 18. According to the complaint, a motorcycle ridden by one person was allegedly hit by a Baleno car near Shipra Mall. The complainant alleged that the driver abused and threatened him after the incident and named Upadhyay in connection with the car.

Upadhyay has denied the allegations. He says that on August 18, while returning from his daughter's school, a motorcycle-borne person approached his car near Shipra Mall and created a commotion. He claims there was no collision or physical confrontation and that he left the spot without engaging in a fight as his daughter was with him.

He has contended that there is a discrepancy in the registered number of the bike referred to in the complaint. Though the FIR refers to a Splendor bike, the number mentioned belongs to another bike.

Upadhyay has further alleged that police personnel approached shops near the alleged site of the incident and pressured shopkeepers to delete or withhold CCTV footage. He has urged the Supreme Court to direct the preservation of CCTV footage and other electronic evidence.

He also says that the complete FIR was not supplied to him despite repeated requests. Nor the FIR has been uploaded on the website in terms of the Supreme Court directions in the Youth Bar Association case. According to the petition, a police team of around a dozen personnel later visited his residence at night on August 20 while he was away. His wife and two daughters were reportedly at home. Upadhyay says the incident left him fearing arrest and further coercive action.

The petition links the action against him to his investigative reporting on alleged corruption and irregularities in Uttar Pradesh. His recent reports have covered the Ram Temple donation controversy and allegations involving government officials and departments.

He says that he is not in a position to approach the Allahabad High Court as he was fearing imminent arrest. He seeks the quashing of the arrest as the primary relief, and protection from arrest in the interim.

As an alternative relief, he has sought an investigation by an agency other than the Uttar Pradesh Police, including the CBI. Upadhyay has told the Supreme Court that he is willing to cooperate with any lawful investigation. 

Case: ABHISHEK UPADHYAY Versus STATE OF UTTAR PRADESH AND ORS. | W.P.(Crl.) No. 339/2026

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