Proper investigation in accordance with the Criminal Procedure Code is necessary before taking any action, and certain provisions such as Section 154 are mandatory and must be followed.

As the petitioner and respondents are common in both petitions and the same question is raised for consideration in both, they can be disposed of by a common order.

2. In these two petitions, the petitioner challenges action of the 2nd respondent in

(i) issuing a letter dated 16.06.2007 calling upon the petitioner who is in America to attend enquiry on the complaint preferred by his since divorced wife Latha Seshadri/ 3rd respondent.

(ii) addressing a letter to the Consul General of India, New York Consulate General of India, America seeking deportation to India of the petitioner.

3. The brief background of the case is as follows:

The petitioner and his then wife/3rd respondent were staying together at the United States of America and had been separated for a period of over two years. The custody of their minor child was with the 3rd respondent. The petitioner had moved the Court of Common Pleas, Division at Domestic Relations, Cuyahoga County, Ohio for divorce. Visitation rights were granted to the petitioner in such proceedings and the petitioner also was directed to effect payment towards the care of the minor child. The 3rd respondent has filed an application in the said Court seeking permission to temporarily leave the United States which was rejected by such Court. On the complaint of the father of the 3rd respondent informing that she had been subjected to harassment by the petitioner and that she and her son were prevented from coming to India, the 2nd respondent had issued the letters which are now under challenge.

4. It is not in dispute that the 2nd respondent has not registered a FIR on the complaint received from the father of the 3rd respondent. The challenge to the action of 2nd respondent is that he has no authority whatsoever to issue the communications when he has not so much as registered a FIR in respect of the matter. In support of this contention, strong reliance is placed on the decision of this Court in Prakash Transports and 6 others v. The Inspector of Police, Central Crime Branch, Salem 2004 (1) CTC 130 wherein it was observed as follows:

"it is not understandable as to how he should issue summons, since under Section 160, Cr.P.C., summons could be issued by any police officer making an investigation under that Chapter, which means that investigation is a sine qua non for issuing summons and the investigation can be conducted only in connection with the crime registered in terms of Section 154, Cr.P.C. Since there is no crime registered in terms of Section 154, Cr.P.C., no summons can be issued under Section 160, Cr.P.C., summoning a person to appear before the officer. As the summons summoning the petitioners, issued by the officer, is without jurisdiction, it is quashed."

5. Referring to the above decision, Mr.A.Ramesh, learned Senior counsel submitted that the scheme of the Criminal Procedure Code requires an investigating officer to conduct himself in keeping therewith. The terms enquiry and investigation stood defined in the code under Section 2 (g) and (h). Section 2 (g) and (h) reads as follows:

"(g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf"

6. Mr.A.Ramesh, learned Senior counsel relied on the decision Sandeep Rammilan Shuka v. The State of Maharashtra 2009 (1) MhLj97, wherein it was observed as follows:

"in our considered view the following principles can be culled out as correct exposition of law:

(a) The expression "shall" appearing in Section 154 of the Code of Criminal Procedure is mandatory. The Section places an absolute duty on the part of the officer in charge of a police station to record information and place substance thereof in the prescribed book, where the information supplied or bro