Additional Chief Judicial Magistrate of the special CBI court H S Khutwad today passed an order proclaiming Additional DGP (Crime) P P Pandey an absconder under section 82 of the Criminal Procedure Code (CrPC).
He has also been directed to appear before the court by July 31 to avoid further action.
Pruthvipal P Pandey, a 1982-batch IPS officer, has been made an 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.
Earlier this month, CBI filed an application before the court demanding that Pandey be declared an absconder and initiation of action against him under section 82 of the CrPC on the ground that he was evading arrest despite a warrant issued by the court on May 2.
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Pandey is the second Gujarat IPS officer, after G L Singhal, who has been made accused in the case.
However, the Supreme court, on June 11, rejected his petition and asked him to seek relief from Gujarat High Court.
Though he has not filed any petition in the High Court so far, he has written a letter to the special CBI court complaining about the partisan approach of the central agency in the investigation.