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The High Court has quashed the District Court's refusal to issue summonses against four gardaí for alleged assault and false imprisonment, as sought by an individual currently facing related charges. The High Court found the District Court judge did not provide adequate reasons for deeming the application premature or an abuse of process. The case has been remitted back to the District Court for a fresh hearing, with the High Court emphasizing the need for clear reasoning when exercising judicial discretion in such matters.
High Court - District Court - judicial review - summonses - gardaí - assault - false imprisonment - abuse of process - Criminal Justice (Public Order) Act 1994 - Petty Sessions (Ireland) Act 1851 - Garda Síochána Act 2005 - discretion - prima facie evidence - bona fide desire - criminal prosecution - private individual - statutory time limit - adequate reasons - judicial discretion - remit back.
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