The policeman, Sunil Kshirsagar, who was then in the Anti-Terrorism Squad (ATS) apparently damaged the woman's vehicle while overtaking at Byculla.
But when she approached the police station to lodge a complaint, the cops registered a case against her, charging her with rash and negligent driving as well as deterring a public servant from performing his duties.
Magistrate CV Marathe said: "I am of the opinion that the report filed by the police under section 202(1) of the Criminal Procedure Code is not acceptable. As such I am of the view that there is sufficient ground for proceeding against the accused for the offence punishable under section 426 (punishment for mischief) of the Indian Penal Code." The order was given recently.
According to the private complaint by the woman, Nafisa Ebrahim, she was driving on the Lalbaug flyover when the police constable, driving close behind, began to honk repeatedly.
"I could not give him space to overtake due to the traffic congestion. As we reached Jijamata Udyan, the constable overtook from the wrong side and in the process he damaged my car," said the 56-year-old woman who works with an MNC and lives in Thane. The incident happened on January 28, 2013.
Ebrahim followed the constable's car and when he stopped at a signal she stepped out and asked him to accompany him to the police station. But when he did not heed her request, she pulled out the key of his vehicle. After some other policemen reached the spot, they went th Byculla police station.
At the police station, the officer on duty filed a case against Ebrahim. After she secured bail, she moved a private complaint before the court, seeking registration of an offence against the constable.
Advocate Dayanand Dhere, who represented Ebrahim, said, "The court, after going through the arguments and our submissions, held that the accused was prima facie guilty of mischief and process has been issued against him. He will have to appear before the court and respond to the allegations against him."