The central agency filed an application before the special CBI court of Additional Chief Judicial Magistrate (ACJM) H S Khutwad yesterday and sought court's directions to declare Pandey, who is alluding arrest since last month, as a proclaimed offender under section 82 of Criminal Procedure Code (CrPC).
The court is likely to pass an order tomorrow.
If he is declared a proclaimed offender, the investigating agency can seize his property.
Meanwhile, Pandey had moved Supreme Court with a plea to quash the FIR and give him protection against the non-bailable warrant issued against him, which was rejected by the apex court yesterday with the liberty to approach High Court.
Pruthvipal P Pandey, a 1982-batch IPS officer, has been made accused in the fake encounter case for providing "so-called crucial intelligence inputs" to fellow policemen that Ishrat and three others were LeT operatives and were on a mission to assassinate Chief Minister Narendra Modi.