Allahabad HC Warns Workplace Against Forcing Employees To Wear Santa Claus Red Caps

The Allahabad High Court recently warned a workplace against forcing employees to wear Santa Claus red caps, saying such instructions could hurt the sentiments of people of different faiths and disturb a peaceful and harmonious work environment.

Court also set aside the summoning order against an employee in the case at hand, holding that the police charge sheet for the alleged non-cognizable offences should have been treated as a complaint case.

Justice Saurabh Srivastava passed the order on September 10 while hearing a petition filed by Vikram Singh alias Vishwa Vikram Singh, who had challenged the charge sheet dated September 20, 2023, the cognizance and summoning order dated December 21, 2023, passed by the Chief Judicial Magistrate, Agra, and the criminal proceedings arising from the case.

Case Background

The criminal case arose from an FIR registered at Sadar Bazar police station in Agra under Sections 298 and 504 of the IPC (now Sections 298 and 352 of the BNS). Singh approached the high court seeking quashing of the proceedings.

Before the high court, his counsel made a limited legal submission. He argued that Sections 298 and 504 IPC were non-cognizable offences and, therefore, the charge sheet submitted by the investigating officer could not have been treated as a police case.

The counsel relied on the explanation to Section 2(d) of the CrPC, which provides that a police report in a case disclosing a non-cognizable offence after investigation is deemed to be a complaint. The police officer making such a report is also deemed to be the complainant.

The State opposed the petition but did not dispute this legal submission, court noted.

Court sets aside summoning order

The high court accepted the legal objection and held that the charge sheet filed by the investigating officer under Sections 298 and 504 IPC had to be treated as a complaint.

"In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 298, 504 I.P.C. shall be treated as complaint," court said.

It held that the Magistrate had committed a legal error by taking cognizance of the matter as a State case. The December 21, 2023 summoning order was therefore set aside insofar as it concerned the applicant.

Court, however, made it clear that this did not bring the proceedings to an end. It said the concerned court could proceed with the case by treating it as a complaint case, if required, in accordance with law.

Court warns against forcing employees to wear caps

The high court separately took note of documents filed with the petition concerning instructions issued at the workplace.

It said the documents "crystal clearly" showed that the superior authorities of "V Bazar" had created a compulsion for employees to wear Santa Claus red caps.

Court observed that the instruction was "somehow hurting the sentiments of the different faith and beliefs". It said such an action was not permitted in a democratic system where every citizen is free to follow his or her faith and belief.

Court also warned the applicant and his superior authorities against repeating such instructions.

"Applicant along with his superior authorities are hereby warned not to repeat this type of instructions," court said, adding that such directions could disturb the "peaceful and harmonious atmosphere" of the workplace.

The application was accordingly partly allowed. Court's direction on the criminal proceedings was confined to the applicant and did not prevent the concerned court from proceeding with the matter as a complaint case in accordance with law.

Case Title: Vikram Singh @ Vishwa Vikram Singh v. State of U.P. and Another

Order Date: September 10, 2026

Bench: Justice Saurabh Srivastava