The requirement of filing multiple charge-sheets for "continuing unlawful activity" under organized crime legislation pertains to the crime syndicate as a whole, not individual members. The primary test for invoking such provisions against an individual is the existence of a definitive nexus with the syndicate's unlawful operations.

ORAL JUDGMENT

1. RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent – State.

2. The present application has been preferred by the applicant through his father (i.e. the Power of Attorney holder of the applicant) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to invoke the inherent powers of this Court, praying for the following reliefs :

“(A) Quash and set aside the entire criminal proceedings initiated against the petitioner, including deletion of the petitioner's name from Column No. 2 of the charge-sheet;

 quashing of the portions and averments declaring the petitioner as an absconder in the FIR registered with Jamnagar Police Station bearing C.R.No.11202008202186 of 2024 dated 15.10.2020, for the offences punishable under Sections 3 (1), 3(2), 3(3), 3(4), 3(5) and 4 of the Gujarat Control of Terrorism and Organized Crime Act, 2015 , read with Sections 120B, 386, 387, 506(1) and 506(2) of the Indian Penal Code;

and consequentially, to quash all incidental and consequential proceedings arising therefrom, including:

 the Non-Bailable Warrants issued against the petitioner;

 the order declaring the petitioner as a proclaimed offender; and

 the Look Out Circular (LOC) opened against the petitioner;

 proceedings under section 174(A) IPC, if any, initiated against the Petitioner.

in relation to the above FIR and the trial whereof is pending before the Court of Shri J.R.Shah, Learned Special Judge (GUJCTOC), Rajkot, Gujarat (Court Code: GJ01042) vide Criminal Case No. GCTOC-02/2021, Next Hearing date of Which is: 03/02/2026;

B) Pending the hearing and final disposal of the present petition, this Hon'ble Court may be pleased to stay the operation and execution of all adverse proceeding including:

 the Non-Bailable Warrants issued against the petitioner;

 the order declaring the petitioner as a proclaimed offender;

 the Look Out Circular (LOC) issued against the petitioner; and

 all other adverse and coercive proceedings/orders passed against the petitioner including 174(A) IPC Proceedings.

in connection with FIR bearing C.R. No.11202008202186 of 2024 dated 15.10.2020, registered with Police Station City 'A' Division, District Jamnagar, for the offences punishable under the GUJCTOC Act, 2015 read with the relevant provisions of the Indian Penal Code, and the trial whereof is pending before the Court of Shri J.R.Shah, Learned Special Judge (GUJCTOC), Rajkot, Gujarat (Court Code: GJ01042) vide Criminal Case No GCTOC-02/2021, Next Hearing date of Which is: 03/02/2026;

(C) Pass such other and further orders as may be deemed fit, just and proper in the interest of justice, equity and fair play, in the facts and circumstancs of the present case.”

3. The impugned FIR bearing C.R. No.11202008202186 of 2020 came to be registered on 15.10.2020 before the City ‘A’ Division Police Station, Jamnagar, for the offences punishable under Sections 3 (1), 3(2), 3(3), 3(4), 3(5) and 4 of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (hereinafter referred to as ‘the GUJCTOC Act’) read with Sections 120B, 386, 387, 506(1) and 506(2) of the Indian Penal Code.

FACTUAL MATRIX OF THE CASE :

4. It is the case of the prosecution that on 30.09.2020, the Superintendent of Police, Jamnagar, had received secret inputs that one Jaysukh Muljibhai Ranpariya @ Jayesh Patel is operating an