Cyber Fraud and Police Apathy: The Case of Pramod Kumar Kushvaha and the Fight for Accountability
The digital revolution in India has brought convenience to the doorsteps of rural entrepreneurs, but it has also opened a Pandora’s box of sophisticated cybercrimes. While the government pushes for a “Digital India,” the machinery meant to protect citizens—the local police—often remains sluggish, bureaucratic, and ill-equipped. The case of Pramod Kumar Kushvaha in Mirzapur serves as a stark reminder of the hurdles an ordinary citizen faces when seeking justice against cyber criminals.
The Incident: Deception Under the Guise of “Formalities”
On February 5, 2025, at approximately 2:50 PM, the peaceful routine of a small shop in village Godasar Sarpati was disrupted. Two unidentified individuals arrived on a motorcycle at the shop of Pramod Kumar Kushvaha. Posing as authorized staff from Paytm, they convinced Kushvaha that they needed to complete certain “formalities” to close the market app associated with his business.
Exploiting the trust of a small-scale businessman, these fraudsters gained access to his digital interface. Within moments, Rs. 20,000 was siphoned from his State Bank of India account (Account No: 38699162839, Chhanbey Branch). The transaction was traced to an account belonging to one Mohammad Shoaib Sameer. Despite the victim having clear evidence—including a screenshot of the transaction and CCTV footage of the suspects on their bike—the journey to even register a police case would prove to be an uphill battle.
The Legal Framework: Section 316(2) of the Bharatiya Nyaya Sanhita (BNS)
Following the implementation of the new criminal laws, the case was eventually registered under Section 316(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. This section specifically addresses Criminal Breach of Trust.
Understanding Section 316
According to the BNS:
- Definition: Criminal breach of trust occurs when someone who is entrusted with property (or dominion over it) dishonestly misappropriates it or converts it to their own use.
- Punishment: Under subsection (2), whoever commits this offense faces imprisonment of either description for a term that may extend to five years, or a fine, or both.
While the legal provision exists to punish such acts, its effectiveness is entirely dependent on the promptness of the First Information Report (FIR) and the subsequent investigation.
Administrative Inertia and the Struggle for an FIR
The core grievance in this matter, championed by social activist Yogi M.P. Singh, is the prolonged procrastination by the Vindhyachal Police Station. Despite the theft occurring on February 5th, the FIR was not registered until March 25, 2025—a delay of nearly 50 days.
This delay is not merely a procedural lapse; it is a critical failure in cybercrime investigation. In digital fraud, the first 24 to 48 hours (often called the “Golden Hours”) are vital for freezing the stolen funds in the recipient’s account. By the time the Vindhyachal police registered FIR No. 84/2025, the trail had gone cold, and the offenders had ample time to withdraw the funds and destroy evidence.
Delaying the registration of the FIR gave the offenders enough time to subvert the evidence. This indicates a negative approach of police personnel in Uttar Pradesh.” — Grievance Rating Remarks
The Role of Accountability: RTI and Constitutional Duties
In a move to hold the authorities accountable, an application was filed under Article 51A of the Constitution of India, which outlines the Fundamental Duties of citizens to uphold the spirit of inquiry and reform. Furthermore, an application under Section 6(1) of the Right to Information (RTI) Act, 2005 was submitted to fix accountability for the delay.
The complainant argues that the low success rate in solving cyber fraud cases in Uttar Pradesh is not just a result of the complexity of the crimes, but a byproduct of:
- Police Incompetence: A lack of technical training to handle digital evidence.
- Corruption: A systemic issue that prevents the swift registration of cases.
- Apathy: A general disregard for the financial loss suffered by poor rural citizens.
Investigation Status: A “Breakthrough” Still Pending
The current status of the grievance (PMOPG/E/2025/0018736) shows that while the case is “Closed” on the portal, it is only because the FIR has finally been registered. The substantive investigation, however, remains at a standstill.
Report from the Circle Officer (City), Mirzapur
Mr. Vivek Jawala, the Circle Officer, submitted a report stating:
- Investigating Officer: U.N. Vijay Narayan Pandey has been assigned to the case.
- Progress: “Nil” regarding proven charges as of late March.
- Action Plan: Directions have been issued to “uncover the incident” and “collect evidence.”
Despite having the name of the recipient (Mohammad Shoaib Sameer) and CCTV footage of the perpetrators, the police have yet to make an arrest or recover the stolen amount.
Conclusion: The Path Forward
The case of Pramod Kumar Kushvaha is a microcosm of the challenges facing the Indian justice system in the digital age. When the police procrastinate, they effectively become silent accomplices to the crime by allowing the trail to vanish.
To ensure justice for the victim, the following steps are essential:
- Immediate Tracking: The Investigating Officer must coordinate with the cyber cell to trace the IP addresses and bank logs associated with the Paytm transaction.
- Disciplinary Action: An internal inquiry should be conducted into why the SHO of Vindhyachal delayed the FIR despite clear evidence.
- Digital Literacy for Police: Local stations must be empowered with the tools to handle cyber-complaints without waiting for “orders from above.”
Justice delayed is justice denied. For a small shopkeeper in Mirzapur, Rs. 20,000 is not just a number—it is his livelihood.
To help you pursue this matter effectively, I have compiled the contact details of the concerned public authorities and the digital infrastructure involved in your grievance.
1. Core Grievance & Application Identifiers
| Type | ID / Reference Number |
| PMO Grievance Number | PMOPG/E/2025/0018736 |
| Police FIR Number | 84/2025 (P.S. Vindhyachal, Mirzapur) |
| SSP Check Report Ref | 60000250047297 / 60000250050485 |
| RTI Application | Submitted under Section 6(1) of RTI Act 2005 |
2. Concerned Public Authorities (District Mirzapur)
These officials are directly responsible for the investigation and police accountability in the Vindhyachal region.
- Superintendent of Police (SP/SSP), Mirzapur1
- Name: Shri Somen Verma (IPS)
- Mobile: 94544002992
- Email: spmzr-up@nic.in3
- Office Phone: 05442-2525784
- Circle Officer (CO) City, Mirzapur (Investigating Supervisor)
- Name: Shri Vivek Jawala (DSP)5
- Mobile: 94544015906
- Email: co-city.mi@up.gov.in7
- DIG Vindhyachal Range
- Name: Shri Rakesh Prakash Singh (IPS)8
- Mobile: 94544002159
- Email: digrmir@nic.in
3. State-Level Oversight (Government of Uttar Pradesh)
As your grievance was marked to the Chief Minister’s Secretariat, these are the relevant nodal contacts:
- Joint Secretary, Chief Minister Secretariat10
- Name: Shri Arvind Mohan
- Address: Room No. 321, U.P. Secretariat, Lucknow11
- Contact Number: 0522-222635012
- Email: arvind.12574@gov.in
- UP CM Helpline / Jansunwai
- Helpline Number: 107613
- Web Link: jansunwai.up.nic.in
4. Digital Portals for Tracking & Escalation
Since this involves cyber fraud and police inaction, you can use these platforms for further monitoring:
- CPGRAMS (Centralized Public Grievance Redress and Monitoring System)14
- Web Link: pgportal.gov.in
- Purpose: To file an appeal if the “Case Closed” status on your PMO grievance is unsatisfactory.
- National Cyber Crime Reporting Portal
- Web Link: [suspicious link removed]
- Helpline: 1930 (Essential for reporting the transaction details of Mohammad Shoaib Sameer if not already done).
- UP Police CCTNS Portal
- Web Link: uppolice.gov.in
- Purpose: To track the status of FIR No. 84/2025 online.
Next Step for You
Since the police have registered the FIR but reported “Nil” progress, the offenders (on the bike) remain at large despite CCTV evidence.
Would you like me to draft a formal “Letter of Escalation” to the DIG Vindhyachal Range, highlighting the specific delay and the availability of CCTV evidence to push for an immediate arrest?
Facing a similar challenge? Share the details in the box below, and our team of experts will do their best to help.