Prayagraj/New Delhi: The Allahabad High Court has cautioned against compelling employees to wear Santa Claus red caps, observing that such instructions could hurt the sentiments of people belonging to different faiths and beliefs.

Justice Saurabh Srivastava made the observation while partly allowing an application filed by Vikram Singh alias Vishwa Vikram Singh, who challenged criminal proceedings arising from a case registered at Sadar Bazar police station in Agra under Sections 298 and 504 of the Indian Penal Code (IPC).

Singh had sought the quashing of the charge sheet dated September 20, 2023, the cognisance and summoning order issued by the Chief Judicial Magistrate, Agra, on December 21, 2023, and the entire criminal proceedings in the case.

The applicant's counsel argued that Sections 298 and 504 IPC deal with non-cognizable offences. Therefore, under the explanation to Section 2(d) of the Code of Criminal Procedure (CrPC), the police report filed following the investigation was required to be treated as a complaint case and could not proceed as a police case.

The prosecution opposed the application but did not dispute the legal contention raised on behalf of the applicant.

Accepting the submission, the High Court held that the charge sheet in the case had to be treated as a complaint and that the magistrate had erred in taking cognisance of it as a State case.

"In view of the above explanation, the charge sheet submitted by the concerned Investigating Officer in the present case under Sections 298, 504 I.P.C. shall be treated as a complaint, and it is to be decided as a complaint, and the learned Magistrate fell in legal error by taking cognisance as a State case," Justice Srivastava said.

The court set aside the December 21, 2023 summoning order insofar as it related to the applicant. However, it clarified that the proceedings could continue as a complaint case in accordance with law.

While examining the documents placed before it, the High Court also took note of an alleged instruction issued by superior authorities of "V Bazar" requiring employees to wear Santa Claus red caps.

Justice Srivastava observed that the documents "crystal clearly" showed that "compulsion has been created by the superior authorities of 'V Bazar' for wearing Santa Claus Red Cap".

The court said such compulsion was "somehow hurting the sentiments of the different faith and beliefs" and observed that it was not permissible in a democratic system where every citizen is free to follow his or her faith and belief.

"Applicant along with his superior authorities are hereby warned not to repeat this type of instructions in shape of disturbing the peaceful and harmonious atmosphere of the working place amongst their employees," Justice Srivastava said.

The High Court also stressed that its order was being passed in view of the mandatory legal provision requiring a complaint in cases involving non-cognizable offences.

It clarified that its decision regarding the criminal proceedings would not prevent the competent court from proceeding with the matter as a complaint case, if required, in accordance with law. IANS