the Bombay High Court recently directed the passport authorities to not reject a man's passport renewal application merely because of pendency of criminal case . No need of court nod for passport renewal if criminal  case is pending:

2) The court further observedin light of the facts of the case, that merely because the offense under Sections 406, 420, 120(b) read with 34 of IPC is pending against the applicant, the said fact by itself is not sufficient to deny the right of the applicant for renewal of the passport.It directed the authorities to analyzethe eligibility of the applicant as required under the provisions of the Passport Act, 1967, and pass orders in accordance with its provisions, adhering to the note that, The court said that the rights of persons applying for a passport renewal are regulated by the Passport Act.

format of undertaking to be given to passport office

UNDERTAKING

(to be submitted on plain paper as per provisions of GSR. S7O(E) dated 25.08.1993)

I am applying/have applied for passport with the following

details:

(a) Name

(b) Date of Birth :

c)Father Name:

(d) Mother's Name :

(f) File No. / ARN No. : Date:

(if available)

2. The Criminal case(s) with following details is/ are pending

against me:

(a) Case No

(b) Name of Court

(c) Details of Investigating :

Agency

(Please provide details of Police

Station/ Investigating Officer, etc.)

(d) Last date of hearing :

(e) Next date of hearing :

3. I hereby undertake that I shall, if required by the Court

concerned, appear before it at any time during the continuance in

force of the passport so issued.

(Signature of the Passport applicant)

Contact no.:

Date:

2) 

in the application to be made to court you have to mention the details of case pending against your client .

2) you have to mention that as per GSR 570(E) datei25.08.1993.no objection certifcate from court is required for issue of passport

3) pray that permission be granted for issue of passport

As per the recent Bombay high court judgement passport can be issued without noc from the court even if case is pending 

Mere pendency of a criminal case against a person is not a ground to deny the right of the person to apply for renewal of passport.

- As per the Andhra Pradesh High Court  in the matter of Kadar Valli Shaik v Union of India , passport authorities cannot refuse to renew passport citing pendency of criminal case against the applicant , if the concerned court grants permission to the person to travel abroad .

- As per the circular dated 21.08.2014 issued by CPV Division of Ministry of External Affairs (MEA) you will have to give an undertaking while applying for the Passport, in case any criminal case is pending 

- Hence, you can give an undertaking /NOC before the passport authority. 

Dear Client

In your case, it appears that you want to expedite the passport renewal process despite the adverse police verification due to a pending 498A case. Here are some steps you can consider:

Consult an Attorney: It's crucial to consult with an experienced criminal defense attorney who can guide you through the legal process and help you navigate the passport renewal issue.

Understand the Notification: You've mentioned Notification No. GSR 570(E) from the Ministry of External Affairs, which outlines passport issuance rules. It's essential to fully understand the provisions of this notification and how they apply to your situation.

File an Application for Early Passport Issuance: If you believe that your case should qualify for passport issuance for 10 years without the need for a No Objection Certificate (NOC) from the court, you can apply for an early passport issuance. Your attorney can assist you in drafting an appropriate application.

Prepare a Request Petition: Your attorney can help you draft a request petition to the court explaining your situation and requesting that the court specify the number of years for the passport in accordance with the notification. The petition should state the relevant section of the notification and any legal arguments supporting your request.

Identify the Respondents: The respondents in your petition may include the passport authorities, the police department, and any other relevant authorities involved in the passport renewal process. Your attorney will advise you on the specific parties to name.

Court Representation: Your attorney will represent you in court and present your case, providing arguments as to why your passport should be issued for the desired number of years without an NOC. The court will consider your arguments, the notification, and the circumstances of your case.

Follow Legal Advice: It's essential to follow your attorney's legal advice throughout the process, as they will be familiar with the specific laws and procedures applicable in your jurisdiction.

Remember that the outcome of your petition may depend on various factors, including the court's interpretation of the law and the specific details of your case. Be prepared for a potentially lengthy legal process, and consult with your attorney for the best course of action.

A mere pendency of a criminal case or a proceeding cannot be considered the only reason to deny the request to obtain or renew a passport/visa application.

The Andhra Pradesh High Court has held that where the applicant, who had applied for renewal of passport, was facing a criminal trial in a Criminal Court in India, the applicant will have to produce an order from the Court concerned permitting him to depart from India. The Bench of Justice Ravi Nath Tilhari held that ""Issue‟ of passport in Section 5 of the Passports Act includes “renewal‟ of the passport as well; While considering the renewal of the passport, the passport authority would be within its jurisdiction and authority to refuse renewal, on the same grounds as in the cases of issuance of the passport for "the first time‟, provided by Section 6 (2) of the Passport Act."

The following  conditions of the notification No. GSR 570(E) states as under:

(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further
renewed for one year at a time, provided the applicant has not travelled
abroad for the period sanctioned by the court; and provided further that,
in the meantime, the order of the court is not cancelled or modified;
(c) any passport issued in terms of (a) (i) above can be further renewed only
on the basis of a fresh court order specifying a further period of validity
of the passport or specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport
issuing authority that he shall, if required by the court concerned, appear
before it at any time during the continuance in force of the passport so
issued. 

In your petition for NOC you can request to an extended period. the applicants seeking
renewal of the passport may be in India or may be outside India, in order to
get renewal, where Section 6 (2) (f) applies, in view of the notification of the
Central Government asking for submission of an order from the concerned
Court where a criminal case is pending, on furnishing of such order from the
Court concerned would be entitled for exemption from the applicability of the
Section 6 (2) (f) of the Act.The apex court in a case held that when criminal cases are pending against a person who seeks for renewal, it cannot be concluded that passport
authorities shall not insist for obtaining NOC from the concerned criminal Court.
It was further held by this Court that a legal duty is cast on the Court to see
that such visit of the applicant/accused will not hamper the criminal
proceedings pending against him/her. Similarly, the passport authorities
seeking such information as in the Form EA(P)-2 is not without any purpose
and it is not any empty rhetoric. If any criminal cases are pending against the
applicant who seeks renewal or he attains disqualification in terms of Section 10
(3), the authorities can reconsider to renew the passport and such right or
discretion is implicit in Rule-5.

According to the notification No. GSR 570(E) released (25.08.1993) from the Ministry of External Affairs, PSP Division, you are right that FIR and cases under investigation do not require NOC from court for passport issuance. However, if the court has issued any order restricting your travel abroad or requiring you to surrender your passport, then you will need to obtain NOC from the court before applying for passport renewal.

To draft a petition for NOC from court, you will need to follow the format of petitions as prescribed by the court rules and procedures. You will also need to attach the relevant documents to support your petition, such as copies of FIR, charge sheet, court order, passport application, etc.

The petition should be filed under the appropriate section of law depending on the nature of your case and the relief sought. For example, if you want to challenge the validity of the FIR or the charge sheet, you can file a petition under Section 482 of CrPC for quashing of FIR or charge sheet. If you want to seek permission from the court to travel abroad for a specific purpose and duration, you can file a petition under Section 438 of CrPC for anticipatory bail with conditions.

The respondents in your petition will be the state government and the police authorities who are investigating your case. You will need to serve them a copy of your petition and notify them about the date and time of hearing. You will also need to appear before the court and argue your case or engage a lawyer to represent you.