Journalist Abhishek Upadhyay approached the Supreme Court challenging the Ghaziabad FIR and seeking protection from arrest

The Supreme Court today quashed the notice issued by Ghaziabad Police to X (formerly Twitter) to hand over data on journalist Abhishek Upadhyay while investigation against him in the road rage case is underway.

Justice Bagchi expressed concern over the UP Police's request seeking details of Upadhyay's X account and said, "seizing data of 3 months prior to date of alleged road rage incident seems to be an overkill."

"Notice to X issued by local police is hereby quashed. Any information taken pursuant thereto or otherwise shall not be utilized against petitioner. This court, while issuing notice, has already directed no coercive action. And that he will cooperate with ongoing investigation. That being so, the order is made absolute.." the bench ordered today.

Upadhyay had moved Supreme Court of India to restrain the Ghaziabad Police from seeking, obtaining, accessing, processing or disclosing any information, including the digital/account information of his X account @upadhyayabhii.

He is accused in a road rage case which he alleged to be a fabricated one in retaliation for his investigative reporting on alleged irregularities concerning the Ram Mandir.

Last month, a mentioning was made before a CJI Surya Kant led bench wherein Advocate Anoop Prakash Awasthi stated, "The Ghaziabad Police has sought my digital footprint from June 1, 2026 in connection to the road rage case..that is when I broke the Ram Mandir donations theft story..all of the sources would be revealed and they would be harassed by the police..I have received information from the Meta office from California that they have sought my digital footprint..I have filed an application..".

Upadhyay's application sought ad-interim stay and quashing of a notice u/s 94 of BNSS dated 22 August, 2026 issued by crime branch unit, Police Commissionerate, Ghaziabad, UP. Upadhyay received an email from X from its legal department at San Francisco, California, informing him that X had received a request from the Crime Branch Investigation Unit, Ghaziabad, seeking production of information relating to the Petitioner’s X account @upadhyayabhii.

On August 25, the Supreme Court stayed the arrest of Upadhyay who had approached Court under Article 32 seeking quashing of an FIR registered against him in Ghaziabad and protection from arrest, alleging that the case was fabricated in retaliation for his investigative reporting on alleged irregularities in Uttar Pradesh. Court further directed the police to supply the copy of the registered FIR to Upadhyay adding that he can then 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.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana had earlier agreed to hear a writ petition filed by Upadhyay challenging the FIR. The petition challenges FIR No. 678/2026, registered at Indirapuram Police Station, Ghaziabad, on August 18 in connection with an alleged road-rage incident near Shipra Mall. The FIR invokes provisions of the Bharatiya Nyaya Sanhita, 2023, the SC/ST (Prevention of Atrocities) Act, 1989 and the Information Technology Act. The petition itself notes discrepancies between the sections reflected in different portions of the FIR record. Upadhyay, who runs the independent news portal “Top Secret”, has alleged that the FIR was lodged after he published investigative reports concerning alleged corruption and irregularities in Uttar Pradesh, including matters relating to the Ram Janmabhoomi premises and senior government officials.

Case Title: Abhishek Upadhyaya v. State of Uttar Pradesh and Ors.

Bench: CJI Kant, Justice Bagchi

Hearing Date: October 14, 2026

Tags: