Metropolitan Magistrate I M Sardar on Thursday ordered the producer of the movie, Manoj Kejriwal, and director Ashok Kohli to file their replies while fixing the next hearing for March 18.
Ansari's photograph had gone viral in 2002.
"We had sent a legal notice to the producer and director of the film, on January 26, for using the photo of my client (Ansari), taken during the 2002 riots, in demeaning way causing mental trauma to him and his family and demanded the removal of the photo," advocate Amit Nair said.
"But since they ignored our notice, we have sought remedy from the court," he added.
Tired of being projected as the victim of riots, Ansari, who has settled down in his life doing tailoring work, has also sought damages worth Rs 25 lakh along with an apology from the makers of the film.
The film 'Rajdhani Express', a suspense thriller in which tennis star Leander Paes made his debut, was released in cinemas last month.
"The actions of the respondents have caused emotional distress and brought back the horrors of the unfortunate incident," argued Nair.
"It was shocking to see the appalling manner in which his image is portrayed in the film where the photo is apparently placed on the walls of a police station and a policeman aiming his gun on the said photograph.
The said depiction is further accompanied with slanderous dialogue of one of the lead actors of the film," Nair said.