JUDGMENT : On 17.5.2016 the Secretary of the petitioner Kerala Cricket Association (hereinafter referred to as the petitioner Association) received Ext P1 notice from the third respondent Central Bureau of Investigation (CBI) requesting him to send the Association's constitution, balance sheet for a certain period, statement of bank accounts, details of projects, minutes of the general body meeting and central council meeting, audit reports and 'any other documents' related to the financial matters of the petitioner Association. The petitioner Association through its Advocate sent Ext P2 reply challenging the authority of the CBI to call for the documents. On 8.7.2016 in Ext P3 notice the CBI informed the Secretary of the petitioner Association that a preliminary enquiry was being conducted into the affairs of the petitioner Association. The CBI again asked him to send the documents already called for and to answer certain questions relating to the affairs of the petitioner Association. The CBI turned down the request of the petitioner Association to furnish a copy of the complaint. Again, the petitioner sent Ext P4 letter requesting the CBI to furnish a copy of the complaint. There was no response. Several reliefs have been prayed for in this writ petition. The main relief is that the proceedings in the preliminary enquiry which is being conducted by the third respondent CBI may be quashed. 2. Heard Sri Ramesh Chander, learned Senior Counsel appearing for the petitioner Association and Sri K.M. Nataraj, learned Additional Solicitor General of India appearing for the respondents. 3. The first submission of the learned Senior Counsel appearing for the petitioner Association is that the CBI has no power even to conduct a preliminary enquiry into the allegations against the petitioner Association since it has no power to conduct an investigation. He has invited my attention to Sections 5 and 6 of the Delhi Special Police Establishment Act, 1946, which are quoted below: 5. Extension of powers and jurisdiction of special police establishment to other areas-(1) The Central Government may by order extend to any area (including Railway areas) in a State, not being a Union territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3. (2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject of any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of a police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. (3) Where any such order under sub-section (1) is made in relation to any area, then, without prejudice to the provisions of sub-section (2) any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector may subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station. 6. Consent of State Government to exercise of powers and jurisdiction-Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State. 4. The officers of the CBI which has been established under the Delhi Special Police Establishment Act have only those powers which have been conferred on a police officer by the Code of Criminal Procedure. 5. The learned Additional Solicitor General does not dispute the contention that without the consent of the State Government the CBI cannot conduct an investigation into the affairs of the petitioner Association in view of Section 6 of the Delhi Special Police Establishment Act. But he would say that there is no prohibition in conducting a preliminary enquiry. This cannot be accepted. A preliminary enquiry can be held only for the purpose of ascertaining whether it is necessary to register a case and investigate into the allegations. When there is no power to investigate, there cannot be any power to conduct a preliminary enquiry also. 6. This cannot be accepted. A preliminary enquiry can be held only for the purpose of ascertaining whether it is necessary to register a case and investigate into the allegations. When there is no power to investigate, there cannot be any power to conduct a preliminary enquiry also. 6. The next contention raised by the petitioner Association is that even if it is assumed that a preliminary enquiry may be conducted though the CBI has no power of investigation, it has no power to issue a notice like Ext P1 or Ext P3 calling upon the petitioner Association to produce documents. 7. The powers that may be exercised by a police officer in various proceedings and various situations are given in explicit terms in the Code of Criminal Procedure. During investigation into an offence he has the power to arrest an offender (Section 41), the power to summon documents or things (Section 91), the power to seize articles (Section 102), the power to conduct inspection of the place of occurrence (Section 157), the power to summon persons acquainted with the facts and circumstances of the case (Section 160) the power to examine such persons (Section 161), the power to conduct search (Section 165) and the power to file report on completion of the investigation (Section 173). 8. In cases of unnatural death a police officer may conduct an investigation under Section 174 Cr.P.C., the purpose of which is only to ascertain the apparent cause of death. His powers are given in Section 175 of the Code of Criminal Procedure. 9. If so directed by a Magistrate conducting an enquiry under Section 202 Cr.P.C. a police officer may conduct an investigation, which will not entitle him to file the report contemplated by Section 173 of the Code. 10. In certain exceptional cases a police officer may conduct a preliminary enquiry to ascertain whether a case should be registered for the purpose of investigation This is not an enquiry contemplated by the Code of Criminal Procedure. The powers to conduct a preliminary enquiry has been recognized by the courts. This has received the seal of approval of a Constitution Bench of the Supreme Court in Lalitakumari v. Government of U.P. (2014) 2 SCC 1 ). 11. The powers to conduct a preliminary enquiry has been recognized by the courts. This has received the seal of approval of a Constitution Bench of the Supreme Court in Lalitakumari v. Government of U.P. (2014) 2 SCC 1 ). 11. Section 91 of the Code of Criminal Procedure empowers police officers and courts to issue summons to any person to produce documents of things for the purpose of investigation, enquiry or trial. The question here is whether the preliminary enqury is covered by Section 91 of the Code of Criminal Procedure. The word enquiry appearing in this section has only the meaning given to it in the Code. Section 2(g) of the Code says that inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or court. So the inquiry contemplated by Section 91 is only an inquiry by a Magistrate and not by a police officer. 12. A police officer cannot exercise the powers under Sections 41, 91, 102, 157, 160, 161, 165 and 173 unless they are conferred on him by the Code of Criminal Procedure or any other statute. He cannot exercise these powers unless there is an investigation into an offence as provided in Section 157 of the Code. 13. The learned Additional Solicitor General fairly admitted that a police officer conducting a preliminary enquiry cannot exercise the power under Section 91 Code of Criminal Procedure. In fact, this is so stated in paragraph 9.11 in Chapter 9 in the CBI Manual. 14. The preliminary enquiry which is being conducted by the third respondent CBI and Exts. P1 and P3 notices issued by it to the petitioner Association are beyond its powers for the following two reasons: (i) It has no power to conduct an investigation without the consent of the State Government, which it has not obtained, and (ii) Since there is no investigation, it cannot exercise the powers conferred on a police officer by Section 91 of the Code of Criminal Procedure. In the result, this writ petition is allowed. The preliminary enquiry which is being conducted by the third respondent Central Bureau of Investigation in respect of the affairs of the petitioner Association and Exts. P1 and P3 notices issued by the former are quashed.