Getting a passport with open / pending criminal court case

Hi, We need to apply for an Indian passport for a senior citizen (76 year) old who has an pending small criminal court case pending from last 30 years. I have two questions - 1) Can we get Indian passport if we declare the court case. He is old and won't be able to travel / run another legal case to get the passport. 2) Can we apply the passport without declaring his court case. He had a governtment passport long time back in 80's but never applied a personal one after that. What can be the worst case / penalty that he would need to face if the passport office figures out that he has not declared the court case 3) Reason for passport is because of medical issues - He has faced bilateral hearing loss in last 15 days and I being his daughter planning to bring him to US for further treatment. I am afraid that his visa will be denied if we declare the court case while applying his passport so need recommendation on what is the right thing to do here. Please note that I want to follow all legal rules but they ( parents) are suffering too much from trauma and I being a single child need to be with them and support them in any which way I can. So Any advice and recommendation would be super helpful.