Judgment 1. The revision petitioner herein was examined as PW1 in S.C.No.360/2014 before the Additional Sessions Court, (Marad Cases), Kohikode. When she refused to sign in the deposition inspite of warning given from the Court, the learned Sessions Judge, initiated suo motu proceedings against her under Sections 180 of the Indian Penal Code. When she refused to sign even after the initiation of proceedings and warnings given from the court, the learned Additional Sessions Judge punished her under Section 180 IPC, on a summary procedure, and sentenced to undergo simple imprisonment for three months by order dated 18.8.2014 in M.C No.3/2014. The said order of sentence is under challenge in this revision. 2. On hearing the learned counsel, and on a perusal of the impugned order, I find that this revision cannot be maintained, and that the right and legal remedy available to the revision petitioner is appeal under Section 351 of the Code of Criminal Procedure. 3. As regards the offence under Section 180 IPC committed in a court of law, the procedure for prosecution to be followed by the court, is contained under Section 345 of the Code of Criminal Procedure. The said Section provides that when any such offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code is committed in view, or in the presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence, and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. 4. Sub Section (2) provides that “in every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. 5. 4. Sub Section (2) provides that “in every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. 5. Section 346 of the Code of Criminal Procedure provides that if the court considers that a person accused of any offence referred to in Section 345, and committed in its view or presence should be sentenced otherwise than in default of payment of fine, or that a fine exceeding Rs.200/- should be imposed upon him, or such court is, for any other reason, of opinion that the case should not be disposed of under Section 345, such court, after recording the facts constituting the offence and the statement of the accused as herein before provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward, such person in custody to the Magistrate. 6. Section 351 of the Code of Criminal Procedure provides that any person sentenced by any Court other than a High court under Section 344, Section 345, Section 349 or Section 350 may, notwithstanding anything contained in the Code, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. This means that when conviction is made by the Court under Section 180 IPC, by adopting the procedure prescribed by Section 345 of the Code of Criminal Procedure, the person convicted by the Court will have to file appeal under Section 351 of the Code of Criminal Procedure. When he has right of appeal as the legal remedy, a revision cannot be maintained in view of the prohibition contained in Section 401(5) of the Code of Criminal Procedure. 7. The first schedule to the Code of Criminal Procedure provides the forum for the trial of different offences under the Indian Penal Code and also under other penal statutes, if not otherwise provided under such special statutes. 7. The first schedule to the Code of Criminal Procedure provides the forum for the trial of different offences under the Indian Penal Code and also under other penal statutes, if not otherwise provided under such special statutes. If the Court wherein the offence is committed proceeds under Section 345 of the Code of Criminal Procedure, for a summary procedure, the offence can be dealt with and punished by that court itself, but if the court adopts the procedure under Section 346 of the Code of Criminal Procedure, and makes complaint to a Magistrate, the offence will have to be tried by that Magistrate. The court wherein the offence is alleged to have been committed can suo motu register a case and punish the offender under Section 180 IPC, only if the procedure under Section 345 of the Code of Criminal Procedure is adopted by the Court. No doubt, in this case the learned trial judge proceeded under Section 345 of the Code of Criminal Procedure. Even under Section 345 of the Code of Criminal Procedure, the court will have to conduct a summary enquiry and hear the accused. Only after hearing the accused and receiving statements if any, the court can impose the penalty provided under Section 345 of the Code of Criminal Procedure. In this case, the learned trial judge imposed a sentence of imprisonment for three months. Such a sentence is possible under Section 180 IPC, only in a normal prosecution brought before a Magistrate, as provided under Section 346 of the Code of Criminal Procedure. Anyway, when the accused has the right and legal remedy of appeal under Section 351 of the Code of Criminal Procedure, she will have to pursue the said remedy. Now it is submitted that the revision petitioner is in jail, undergoing sentence. If so, she will have to be immediately released on her executing bond with surety. When the right remedy is appeal under Section 351 of the Code of Criminal Procedure, I find that this revision will have to be closed without prejudice to the right of the revision petitioner, to file proper appeal against the conviction and sentence under Section 351 of the Code of Criminal Procedure. Till appropriate appeal is filed, the revision petitioner will continue on bail. Till appropriate appeal is filed, the revision petitioner will continue on bail. In the result, this revision petition is disposed of in limine, without being admitted to files, however without prejudice to the right of the revision petitioner to file appeal against the sentence, under Section 351 of the Code of Criminal Procedure before the right forum. Till appeal is brought within two weeks and orders are passed in appeal by the court, the revision petitioner will continue on bail. She will be immediately released on bail for two weeks on her executing bond with one surety for 10,000/- to the satisfaction Rs. of the court below. Forward a copy of the order immediately to the Court below. Sent urgent communication to the court below, regarding disposal of the revision, and the order passed. The learned counsel can take back the order under challenge for filing proper proceeding.