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An Intra Court Appeal (ICA) against an Order Quashing an FIR is not Maintainable --- Islamabad High Court, Islamabad

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An Intra Court Appeal (ICA) against an Order Quashing an FIR is not Maintainable --- Islamabad High Court, Islamabad

Islamabad 05-07-2024: In a significant judgment, the Islamabad High Court has dismissed [Intra Court Appeal No.546 of 2021] filed by appellant against the quashing of FIRs by a single judge. The decision, delivered by a bench comprising the Mr. Justice Aamer Farooq Chief Justice and Mr. Justice Tariq Mehmood Jahangiri, has reaffirmed key legal interpretations regarding the maintainability of ICAs under the Law Reforms Ordinance, 1972 (LRO).

The appellant, filed the ICA under section 3 of the LRO, challenging the order dated October 21, 2021, which allowed Writ Petition No. 2581 of 2021 filed by the respondent. The crux of the case involved allegations of dishonored cheques issued by the respondent, leading to the registration of two FIRs under section 489-F of the Pakistan Penal Code (PPC) at PS Kohsar, Islamabad. The second FIR was quashed by the impugned order, prompting the appellant to seek redress through an ICA.

The appellant’s counsel argued that the impugned order was based on a misinterpretation of law and facts and contended that the ICA was maintainable. However, the Court emphasized the central issue of whether an ICA is maintainable under the proviso to section 3(2) of the LRO against an order passed in constitutional jurisdiction by a single judge to quash an FIR.

In its detailed judgment, the Court referred to the scope of section 3(2) of the LRO, which allows for an appeal before a bench of two or more judges against an order by a single judge under clause (1) of Article 199 of the Constitution of Pakistan, except under specific conditions. The court cited relevant precedents to underline that an ICA is not maintainable against orders quashing FIRs.

The Court further elaborated that the term "proceedings" under section 3(2) of the LRO does not include FIRs, thus reinforcing that an ICA against an order quashing an FIR is not maintainable. This interpretation was supported by multiple judicial precedents.

Ultimately, the Court held that the FIR is not included in the term "proceedings" for the purpose of maintainability of an ICA under section 3(2) of the LRO. Consequently, the ICA was dismissed in limine.

This judgment reiterates the legal framework governing the maintainability of ICAs and clarifies the scope of "proceedings" under the LRO, providing valuable insights for legal practitioners and reinforcing established legal principles.