How to get passport if criminal case is pending in court ?

Yes -your cousin can apply, because mere registration of an FIR or an ongoing investigation (an 'empty-chargesheet or no chargesheet filed) is not automatically a bar to passport issue; the Passports Act permits refusal/impounding only where proceedings are pending before a criminal court (see Section 6 and Section 10 of the Passports Act, 1967). [https://indiankanoon.org/doc/229269/] Courts have repeatedly held that mere FIR/registration is not the same as proceedings before a court and cannot alone justify refusal/impounding (see Rajesh Gupta v. Union of India, J&K & Ladakh HC, 23'11'2022 [https://indiankanoon.org/doc/81162794/]; Mohan Lal v. Union of India, Punjab & Haryana HC [https://www.casemine.com/judgement/in/6505473149728d5cc1a59e94]; and Delhi HC decisions like Anand Tewari). [https://www.casemine.com/judgement/in/56090ef3e4b014971117d9d5] The Supreme Court recognizes the right to travel as part of Article 21 (Satwant Singh Sawhney). [https://indiankanoon.org/doc/1747577/] Procedure and practical steps: apply online at Passport Seva and attend the PSK; Passport Seva permits post'police verification where you supply validated identity documents (Aadhaar/EPIC/PAN) and required annexures (Annexures/affidavits) so the passport can be issued before police verification in many first'time or Tatkaal cases. [https://portal2.passportindia.gov.in/AppOnlineProject/onlineHtml/mobPvrModeDetails.html] If he has moved cities with no documentary address proof, he should supply any accepted proof (Aadhaar, EPIC, recent utility bill, bank statement, registered rent agreement, employer letter or, where necessary, Annexure I/standard affidavit with verification) or the spouse/parent passport evidence where applicable; see the Passport Seva annexures and document checklist. [https://portal2.passportindia.gov.in/AppOnlineProject/online/annexureAffidavit] If a chargesheet has been filed and the court has taken cognizance (i.e., proceedings are pending before a criminal court), obtain the court's written permission/NOC to travel because the passport authority may refuse or issue a short'validity passport (often limited to one year) or act on Court orders. See Passport Seva FAQ on pending criminal cases and the statutory/administrative position; for how 'cognizance/proceedings-are treated under the new criminal procedure regime see the BNSS and how substantive offences were re'cast in the BNS (Bharatiya Nagarik Suraksha Sanhita and Bharatiya Nyaya Sanhita). [https://portal2.passportindia.gov.in/AppOnlineProject/online/faqPoliceVerification] [https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023] [https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023]