The Orissa High Court has issued a stay order on the non-bailable warrant (NBW) issued by the Sub-Divisional Judicial Magistrate (SDJM), Malkangiri, against senior IAS officer Manish Agarwal for non-appearance in court despite multiple summons.
Also Read: Court Issues Non-Bailable Warrant Against IAS Officer Manish Agarwal in PA’s Death Case
Case Background:
- The SDJM court summoned Mr. Agarwal in connection with the abetment of suicide case of his personal assistant (PA), Deba Narayan Panda, when he was Malkangiri Collector in 2019.
- Mr. Agarwal, now Additional Secretary in the Planning and Convergence Department, filed a petition on February 1, 2025, challenging the NBW and seeking permission to appear through an advocate under Section 205 of CrPC.
- The SDJM court rejected his plea, stating that the accused must physically appear for the first hearing before seeking exemption.
High Court’s Ruling:
- Justice S.K. Panigrahi admitted the petition and issued a notice to the state government.
- The court scheduled the final hearing for March 5, 2025, and ruled that the NBW issued on February 1, 2025, will remain stayed until the next hearing.
Legal Developments:
- Panda went missing on December 27, 2019, and his body was recovered from Satiguda Dam the next day. Initially, police registered a case of unnatural death and suicide, but Panda’s wife accused Agarwal of murder.
- Agarwal was initially booked under Sections 302 (murder), 506 (intimidation), 201 (causing disappearance of evidence), and 204 (destruction of documents/electronic records) of IPC.
- However, on June 26, 2023, the High Court ruled that there was no prima facie case for murder and directed the trial court to proceed only for abetment of suicide.
- The Supreme Court declined to interfere with the HC ruling in November 2024, allowing the trial to continue.
The case is now set for further proceedings in March 2025, with the High Court’s stay order temporarily halting the NBW against Mr. Manish Agarwal.
