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Supreme Court Agrees To Hear Journalist Abhishek Upadhyay’s Plea Challenging FIR Over Alleged Road-Rage Incident

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Supreme Court will hear journalist Abhishek Upadhyay’s plea challenging a Ghaziabad FIR over an alleged road-rage incident and seeking protection from arrest. - Abhishek Upadhyaya v. State of Uttar Pradesh and Ors.

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Supreme Court Agrees To Hear Journalist Abhishek Upadhyay’s Plea Challenging FIR Over Alleged Road-Rage Incident
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The Supreme Court on August 24 agreed to hear a plea filed by journalist Abhishek Upadhyay, who had reported on alleged irregularities in Ram Mandir donations, challenging an FIR registered against him in Ghaziabad over an alleged road-rage incident.

The matter was mentioned before a bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana. The bench agreed to list the matter for hearing on August 25, subject to the petitioner curing the defects in the petition.

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Background of the Case

The FIR was registered at Indirapuram Police Station on August 18 following a complaint alleging that a motorcycle was hit by a Baleno car near Shipra Mall. The complainant alleged that the driver subsequently abused and threatened him.

Upadhyay has denied the allegations. According to his petition, he was returning after picking up his minor daughter from school when a motorcycle-borne person approached his car and created a commotion. He claims that there was no collision or physical confrontation.

The petition also points to an alleged discrepancy concerning the motorcycle's registration number and the vehicle described in the complaint. Upadhyay has further alleged that CCTV footage from nearby establishments was sought by police personnel and that shopkeepers were pressured to delete or withhold the footage. These allegations form part of his petition and have not been adjudicated.

Upadhyay has alleged that the FIR was filed in retaliation for his investigative reporting on alleged irregularities in Uttar Pradesh, including reports concerning donations and alleged financial irregularities relating to the Ram Temple in Ayodhya.

His counsel told the Court:

“Multiple FIRs have been filed against him and now an FIR under the stringent provisions of the SC/ST Act has also been filed. The police party raided his house.”

The petition also claims that a police team visited his residence on August 20 while he was away, causing apprehension of arrest.

Upadhyay has invoked Article 32 of the Constitution and sought quashing of the FIR along with protection from arrest and other coercive action. Alternatively, he has sought an investigation by an agency other than the Uttar Pradesh Police.

The Supreme Court agreed to list the matter for hearing on August 25, subject to the petitioner curing defects in the petition.

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