A special CBI court had yesterday passed an order proclaiming Pandey an absconder under the Criminal Procedure Code and directing him to appear before the court by July 31 to avoid further action.
Pruthvi Pal Pandey, a 1982-batch IPS officer, has filed the petition through his lawyer Manav Mehta. CBI is probing the allegedly fake encounter killing on the High Court's order.
Hearing on Pandey's petition is likely on Monday.
Pandey, as the Joint Commissioner of Police, Ahmedabad, was heading the crime branch when Ishrat, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in the encounter with the Gujarat police on the outskirts of city on June 15, 2004.
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Pandey has claimed in the petition that Rana, Shaikh and Johar were "terrorists" and were killed in a "genuine encounter" and hence he should not be made an accused.
Incidentally, as per High Court's order, services of Verma, who has been at loggerheads with the state government since his involvement in the probe, will not be available to CBI from June 24. He has been directed to return to state government duties.
Earlier this month Pandey had moved the Supreme Court, but it asked him to seek relief from Gujarat High Court.