Malkangiri (Odisha), Feb 3 (PTI) – A court in Odisha’s Malkangiri district has issued a non-bailable warrant against IAS officer Manish Agarwal for failing to appear before it in connection with the 2019 mysterious death of his personal assistant, Deba Narayan Panda, during his tenure as the district collector.
The Malkangiri Sub-Divisional Judicial Magistrate (SDJM) Court issued the warrant while hearing the case related to Panda’s death. The court order, passed on February 1, emphasized that while an accused can seek exemption from personal attendance, it cannot be claimed as a right.
The judge noted that as per the Criminal Procedure Code, 1973, an accused must physically appear for the first hearing in a criminal case before seeking any exemption from attendance.
The court further asserted that it is the duty of the accused to appear, introduce his advocate, and provide proof of identity before applying for any relief. The case has now been posted for February 28 for the execution of the non-bailable warrant and the production of the accused.
The case traces back to December 27, 2019, when Deba Narayan Panda, who was serving as the personal assistant to then Malkangiri collector Manish Agarwal, mysteriously went missing. His body was recovered the next day from Satiguda Dam.
His wife, Banja Panda, filed a complaint alleging murder, leading to legal proceedings that are now under trial in the SDJM court.
Following the incident, Manish Agarwal was transferred and currently serves as an Additional Secretary in the Planning and Convergence Department.
With the non-bailable warrant now in effect, legal proceedings against the senior bureaucrat have intensified, and all eyes are on the upcoming hearing on February 28.
The Malkangiri Sub-Divisional Judicial Magistrate (SDJM) Court issued the warrant while hearing the case related to Panda’s death. The court order, passed on February 1, emphasized that while an accused can seek exemption from personal attendance, it cannot be claimed as a right.
Court’s Observations on Physical Appearance Requirement
The judge noted that as per the Criminal Procedure Code, 1973, an accused must physically appear for the first hearing in a criminal case before seeking any exemption from attendance.
“The accused should first present himself before this court and then may seek exemption from personal attendance before the trial court, which is the court of sessions,” the judge stated.
The court further asserted that it is the duty of the accused to appear, introduce his advocate, and provide proof of identity before applying for any relief. The case has now been posted for February 28 for the execution of the non-bailable warrant and the production of the accused.
Background of the Case
The case traces back to December 27, 2019, when Deba Narayan Panda, who was serving as the personal assistant to then Malkangiri collector Manish Agarwal, mysteriously went missing. His body was recovered the next day from Satiguda Dam.
His wife, Banja Panda, filed a complaint alleging murder, leading to legal proceedings that are now under trial in the SDJM court.
Current Position of IAS Officer
Following the incident, Manish Agarwal was transferred and currently serves as an Additional Secretary in the Planning and Convergence Department.
With the non-bailable warrant now in effect, legal proceedings against the senior bureaucrat have intensified, and all eyes are on the upcoming hearing on February 28.
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