Upadhyay, who had reported on alleged irregularities in donations to the Ram Mandir in Ayodhya, claimed that he was being falsely implicated over his reportage and that the police had failed to provide him with the FIR despite repeated requests. The story so far: The Supreme Court on August 25, 2026, ordered the Ghaziabad Police to provide independent journalist Abhishek Upadhyay with a copy of the FIR and CCTV footage in a road-rage case registered against him. Mr.
It also protected him from arrest and allowed him to approach the jurisdictional High Court for further relief. In Court on its Own Motion through Mr. Ajay Choudhary v. The accused or an authorised relative can apply to the Station House Officer (SHO), who must forward the request with reasons to the Assistant Commissioner of Police (ACP) for a decision within seven working days. A refusal can be challenged before a senior police officer, who must pass a reasoned order after considering the nature of the allegations and the stage of the investigation. In Rama Nand Rathore v. It also directed FIRs to be uploaded online within the same period, barring sensitive cases. Once the FIR is forwarded to the jurisdictional magistrate or a Special Judge, the accused can also apply directly to the court and obtain a copy within two working days.
A three-judge Bench headed by the Chief Justice of India (CJI) Surya Kant directed the Ghaziabad Police Commissioner to provide him with the FIR and CCTV footage and to file a compliance report by September 7. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not expressly require the police to furnish the accused with an FIR immediately upon registration. State (2010), the Delhi High Court laid down a mechanism for an accused to obtain an FIR during the investigation, before the stage contemplated under Section 230 of the BNSS. State of Himachal Pradesh (2014), the Himachal Pradesh High Court similarly held that a person who suspects that they have been named in an FIR can seek a certified copy from the police, which must be supplied within 24 hours. The court directed that FIRs be uploaded on police websites within 24 hours of registration or, where no such website exists, on the official website of the State government. Where geographical connectivity problems or other unavoidable difficulties prevent publication within 24 hours, the deadline can be extended to 48 hours. For geographical connectivity problems, it can be extended further, up to 72 hours. An accused can apply through a representative to the police officer concerned or the Superintendent of Police (SP) for a certified copy, which must be supplied within 24 hours.
Section 173(2) requires a copy to be given “forthwith” and free of cost to the informant or victim, but makes no mention of the accused.
Section 230 requires the magistrate to furnish the accused with copies of documents relied upon by the prosecution, including the FIR and chargesheet, within 14 days of their appearance or production before the court.
The statute provides for the accused to receive the FIR only at a later stage, after the investigation culminates in the filing of a chargesheet before the magistrate.
