SHAGUFTA SHAMAS Vs. C B I

JUDGEMENT

(1.) Since both the petitions have been filed by respective petitioners seeking quashing of order on charge dated 13.8.2007 and consequent charge framed on 29.8.2007 and also the proceedings in CBI v. S.Z. Fazil etc.,2003 CC 21 pending in the court of Special Judge CBI, Patiala House Courts, Delhi, both the petitions shall be disposed of by me vide this common order.

(2.) First Information Report being Crime No. R.C.-DA1-2000-A-0071 was registered at Delhi Special Police Establishment C.B.I. on 14.12.2000 at about 5.15 p.m. under Sections 420/467/471/120B IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. After completion of the investigation chargesheet has been filed in the court.

(3.) The prosecution case as against the present petitioner is that Sh. S.Z. Fazil, Assistant Station Director, CPC Doordarshan, Asiad Village, New Delhi, entered into criminal conspiracy with co-accused Asgar Khan and sanctioned and paid Rs. 8.90 lacs as TA/DA, transport charges, boarding/costume charges, coordinator fees on the basis of false, forged and fabricated receipts prepared by Sh. Asgar Khan the coordinator of the programme "Sham-e-Kashmir" without verifying their genuineness. Out of total payments made a sum of Rs. 1,52,400/- was submitted as a receipt by petitioner Shagufta Shamas regarding a contract entered with her to provide two times meals with breakfast to 127 artists for six days, from 11.1.1999 to 16.1.1999. Against this receipt a cheque for the said amount was issued in favour of Shagufta Shamas which was collected by co-accused Waheed Jeelani on the basis of an authority letter and the said cheque was encashed by her by depositing the same in her saving bank account No. 29264 maintained by her in Jammu & Kashmir Bank Ltd. Srinagar. The investigation revealed that the receipt of the said amount on the basis of which payment was received was fabricated.